Bill Text: NY S05568 | 2009-2010 | General Assembly | Introduced

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Bill Title: Creates the crimes of eluding a police officer in the third, second and first degrees.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2010-01-06 - REFERRED TO CODES [S05568 Detail]

Download: New_York-2009-S05568-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5568
                              2009-2010 Regular Sessions
                                   I N  S E N A T E
                                     May 18, 2009
                                      ___________
       Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
         printed to be committed to the Committee on Codes
       AN ACT to amend the penal law, in relation to eluding a police officer
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  The  penal  law  is  amended by adding three new sections
    2  205.35, 205.40 and 205.45 to read as follows:
    3  S 205.35 ELUDING A POLICE OFFICER IN THE THIRD DEGREE.
    4    A PERSON IS GUILTY OF ELUDING A POLICE OFFICER  IN  THE  THIRD  DEGREE
    5  WHEN  HE  OR  SHE KNOWINGLY ELUDES OR ATTEMPTS TO ELUDE A POLICE OFFICER
    6  WHILE OPERATING A MOTOR VEHICLE, WHILE RIDING IN A MOTOR  VEHICLE  OPER-
    7  ATED  BY  ANOTHER PERSON, THROUGH THE USE OF PUBLIC TRANSPORTATION OR ON
    8  FOOT, AND KNOWS OR REASONABLY SHOULD  KNOW  THAT  HE  OR  SHE  IS  BEING
    9  PURSUED  BY SUCH POLICE OFFICER, AND THEREBY CAUSES A RISK TO THE SAFETY
   10  OF THE GENERAL PUBLIC.
   11    ELUDING A POLICE OFFICER IN THE THIRD DEGREE IS A CLASS A MISDEMEANOR.
   12  S 205.40 ELUDING A POLICE OFFICER IN THE SECOND DEGREE.
   13    A PERSON IS GUILTY OF ELUDING A POLICE OFFICER IN  THE  SECOND  DEGREE
   14  WHEN  HE  OR  SHE  COMMITS  THE CRIME OF ELUDING A POLICE OFFICER IN THE
   15  THIRD DEGREE, AND PHYSICAL INJURY TO ANOTHER PERSON RESULTS THEREFROM.
   16    ELUDING A POLICE OFFICER IN THE SECOND DEGREE IS A CLASS E FELONY.
   17  S 205.45 ELUDING A POLICE OFFICER IN THE FIRST DEGREE.
   18    A PERSON IS GUILTY OF ELUDING A POLICE OFFICER  IN  THE  FIRST  DEGREE
   19  WHEN  HE  OR  SHE  COMMITS  THE CRIME OF ELUDING A POLICE OFFICER IN THE
   20  SECOND DEGREE, AND SERIOUS PHYSICAL INJURY OR DEATH  TO  ANOTHER  PERSON
   21  RESULTS THEREFROM.
   22    ELUDING A POLICE OFFICER IN THE FIRST DEGREE IS A CLASS D FELONY.
   23    S 2. This act shall take effect on the first of November next succeed-
   24  ing the date on which it shall have become a law.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08003-01-9